Beavers v. State
| Decision Date | 22 May 1894 |
| Citation | 15 So. 616,103 Ala. 36 |
| Court | Alabama Supreme Court |
| Parties | BEAVERS v. STATE. |
Appeal from circuit court, Tuscaloosa county; S. H. Spratt, Judge.
Rufus Beavers was convicted of murder, and appeals. Reversed.
Hargrove & Vande Graaff and Jones & Mayfield, for appellant.
Wm. L Martin, Atty. Gen., for the State.
Appellant was convicted of murder, and sentenced to imprisonment in the penitentiary for life. One Oscar Crowder a son of deceased, testified that he was with his father in a certain cornfield when the latter was shot by some one hidden in the woods or bushes near by. As soon as the gun fired, he raised up, and, seeing his father fall over, he turned around, and saw a man in the act of running. He stepped to the left to see if he could see him and tell who he was, and stepping five or six steps, saw the man running. Until then the smoke and bushes prevented his seeing him. He looked at the man as he was running off. The identity of the defendant with the assassin was the matter in issue, his defense being an alleged alibi, in support of which he introduced the testimony of a number of witnesses. After the witness Crowder had testified to the facts of the killing, and the presence and flight of the man whom he saw run from near the scene of the murder, and his recognition of the defendant as the man he further testified, on interrogation by the state, that he saw the defendant the next morning after the killing, when he was in custody of the officers; and witness was then asked by the prosecution: "Did you recognize the man then under arrest as the same man who had done the assassination and run off the evening before?" The defendant objected to this question, and reserved an exception to the overruling of his objection. The witness answered in the affirmative. There was no error in this ruling.
The state introduced evidence of threats made by the defendant against the deceased, at different times, extending over a period from about 12 months, to within about 2 weeks, before the killing. In the oral charge, the court said to the jury in treating of the subject of threats: The defendant excepted to this instruction, and now argues that it invaded the province of the jury. In the same connection the court had said that, ...
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Aaron v. State, 3 Div. 955
...trial, and stated without objection that she positively identified him at the jail on July 7th. In this there was no error. Beavers v. State, 103 Ala. 36, 15 So. 616; Yarbrough v. State, 105 Ala. 43, 16 So. 758; Bell v. State, 227 Ala. 254, 149 So. The record shows that Dr. Murchison testif......
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Patton v. State
... ... That ... witness saw and recognized the defendant, after his arrest, ... as the same person he saw on the night of the crime and in ... close proximity to the scene was competent evidence ... Yarbrough v. State, supra; Beavers v. State, 103 ... Ala. 36, 15 So. 616. That the defendant "appeared to be ... excited or nervous" 20 or 30 minutes after the homicide ... was also an evidential fact that the state might give to the ... jury. Sims v. State, 146 Ala. 109, 41 So. 413; ... Hainsworth v. State, 136 Ala. 13, 34, 34 ... ...
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Bowman v. State
...v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199. Pre-trial identifications are not always made from a lineup. Beavers v. State, 103 Ala. 36, 15 So. 616; Aaron v. State, 273 Ala. 337, 139 So.2d In the case at bar the record shows that the victim of the alleged robbery was shown severa......
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State v. Wong Wen Teung
...as the person whom he saw commit the crime. The text is based upon Yarbrough v. State, 105 Ala. 43, 16 So. 758, and Beavers v. State, 103 Ala. 36, 38, 15 So. 616. In the latter case, which is similar to the one at bar, identity of the defendant with the assassin was the matter in issue; his......